§ 62-325. Unlawful motor carrier operations.
§ 62‑325. Unlawful motor carrier operations.
(a) Any person, whether carrier, passenger, shipper, consignee,or any officer, employee, agent, or representative thereof, who shall knowinglyoffer, grant, or give or solicit, accept, or receive any rebate, concession, ordiscrimination in violation of any provision of this Chapter, or who by meansof any false statement or representation, or by the use of any false orfictitious bill, bill of lading, receipt, voucher, roll, account, claim,certificate, affidavit, deposition, lease, or bill of sale, or by any othermeans or device, shall knowingly and willfully by any such means or otherwisefraudulently seek to evade or defeat regulations as in this Chapter providedfor motor carriers, shall be deemed guilty of a Class 3 misdemeanor and uponconviction thereof only be fined not more than five hundred dollars ($500.00)for the first offense and not more than two thousand dollars ($2,000) for anysubsequent offense.
(b) Any motor carrier, or other person, or any officer, agent,employee, or representative thereof, who shall willfully fail or refuse to makea report to the Commission as required by this Article, or other applicablelaw, or to make specific and full, true, and correct answer to any questionwithin 30 days from the time it is lawfully required by the Commission so todo, or to keep accounts, records, and memoranda in the form and mannerprescribed by the Commission, or shall knowingly and willfully falsify,destroy, mutilate, or alter any such report, account, record, or memorandum, orshall knowingly and willfully neglect or fail to make true and correct entriesin such accounts, records, or memoranda of all facts and transactionsappertaining to the business of the carrier, or person required under thisArticle to keep the same, or shall knowingly and willfully keep any accounts,records, or memoranda contrary to the rules, regulations, or orders of theCommission with respect thereto, shall be deemed guilty of a Class 3misdemeanor and upon conviction thereof only be subject for each offense to afine of not more than five thousand dollars ($5,000). As used in thissubsection the words "kept" and "keep" shall be construedto mean made, prepared, or compiled, as well as retained. It shall be the dutyof the Commission to prescribe and enforce such general rules and regulationsas it may deem necessary to compel all motor carriers to keep accurate recordsof all revenue received by them to the end that any tax levied and assessed bythe State of North Carolina upon revenues may be collected. Any agent oremployee of a motor carrier who shall willfully and knowingly make a falsereport or record of fares, charges, or other revenue received by a carrier orcollected in its behalf shall be guilty of a Class 1 misdemeanor.
(c) Any person who, at any bus terminal, solicits or otherwiseattempts to induce any person to use some form of transportation forcompensation other than that lawfully using said terminal premises by contractwith the terminal operator or by valid order of the Commission shall be guiltyof a Class 3 misdemeanor. (1947, c. 1008, s. 30; 1949, c. 1132, s. 30; 1953, c. 1140, s. 4; 1957,c. 1152, s. 16; 1961, c. 472, ss. 8, 11; 1963, c. 1165, s. 1; 1993, c. 539, s.489; 1994, Ex. Sess., c. 24, s. 14(c).)